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Sample Order Waiving Right to Claim a Default Based Upon Failure to Reaffirm a Debt

Some debtors, after diligently but unsuccessfully attempting to contact a lender to reaffirm a debt, have sought relief from the court, requesting an order to the effect that the lender cannot claim a default or keep them in “bankruptcy” status merely because they have failed to reaffirm the debt. Although Judge Davis does not guarantee that he will grant such relief whenever requested, he will consider granting it if debtors use this form of order, which includes language protective of the rights of both debtor and lender.